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- AlerStallings

When you’re grieving the loss of a loved one, the last thing you need is the stress of dealing with probate. Despite this, many people assume probate is a foregone conclusion. The truth is, there are a number of ways to avoid probate, ensuring peace of mind and comfort for your family long after you’re gone. Let’s take a look at the challenges associated with probate and the estate planning methods that can help you bypass them.

 

First, what is probate?

 

Probate is a legal process for administering your estate after you pass away. A probate court will identify and inventory your assets, use those assets to pay off any debts or taxes, and then distribute the remainder to your beneficiaries.  Ideally, this system ensures everyone’s interests are protected and transparency is preserved by making the proceedings a matter of public record.

 

Why should you avoid probate?

 

That said, probate has some major drawbacks, most notably the cost and time. Probate can be expensive—involving court fees, attorney fees, and potentially executor fees—reducing the value of your estate and what your beneficiaries inherit. Worse, the process could take months, or even years to complete. All the while, your assets will be frozen and inaccessible to your beneficiaries.

Further, having your probate proceedings appear in the public record may not be desirable for you or your family, especially if you value privacy. Probate makes information about a loved one’s assets and beneficiaries widely available, which can be a concern.

And last—but certainly not least—is the stress probate causes. Navigating the legal requirements of probate during an already emotionally difficult time can be draining. Not to mention that in addition to paperwork and legal notices, there’s the potential for disputes among family and friends. For many families, that alone is reason to seek out alternatives that will avoid probate and keep the peace.

 

How can you avoid probate?

 

Fortunately, estate planning offers a number of avenues to bypass probate. Among those options are:

 

Living Trusts: A living trust is a type of revocable trust, meaning it can be modified during your lifetime. Ownership of your assets, including property and bank accounts, can be placed into the trust. You continue to use and benefit from the assets until your death, at which point the assets will pass to your beneficiaries without the need for probate.

 

 Asset Protection Trusts: An asset protection trust can also pass assets and property onto your heirs without the need for probate. But one of the most notable differences is that it can shield your assets from long-term care costs if they’ve been in the trust for five years or more. Another important difference is that an asset protection trust is a type of irrevocable trust—meaning once it’s established, it can’t be changed or abolished.

 

Joint Ownership with Right of Survivorship: For specific assets—like a bank account or home—joint ownership with “right of survivorship” will bypass probate. You might have seen this abbreviated on a bank document as JTWROS (joint tenant with the right of survivorship). Simply put, it means the surviving owner will automatically inherit ownership of the asset.

 

Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations: If you’ve ever designated a beneficiary on an investment or bank account, then you’re already familiar with this concept. These assets will also bypass probate.

 

Small Estate Administration: For Ohio estates below $35,000 (as of this writing), there’s also the option of a simplified process that is less costly than full probate. More on that here.

 

Finally, it’s important to note what’s not on this list, and that’s a will. Wills have to be validated by a judge, so if you only have a will, you’ll still be subject to the probate process. You may need some additional planning tools, like a trust. Our Estate Planning 101 series explains this further.

 

Ultimately, the best way to avoid probate is by working with an experienced team who will take the time to understand your needs and develop an estate plan that meets your goals. While many firms approach estate planning as a transactional relationship, at AlerStallings we’re with you for life. We offer lifetime support, complimentary meetings, and flat-fee pricing, to help you and your family confidently navigate whatever comes your way. Learn more about our estate planning services here, or contact us for a free consultation.

 

- AlerStallings

Worried about how to protect your assets in retirement? You’re not alone. One recent study found over half of Americans are worried they won’t be able to achieve financial security in retirement. Plus, a whopping 80% reported concern over the rising cost of long-term care. The best way to protect against both of these worries is with a trust.

 

 

What is a trust?

 

A trust is a legal arrangement in which property or assets are held by a trustee (a person or firm you select) for a beneficiary (in this case you). The trustee agrees to manage the property and assets according to the wishes you set forth in the trust agreement. You can transfer assets to the trust—such as your home, vehicle, investments or bank accounts—but still use them to your benefit. Think of it like a box that contains your wealth.

That said, why would you want to create a trust in retirement? There are a few distinct reasons, including avoiding probate, planning in case of incapacity, or protecting your assets against long-term care costs in the event you need a nursing home.

 

 

Are trusts only for the rich?

 

Despite the practical benefits, it’s a common misconception trusts are only for the rich, even in retirement. Trusts benefit people at all levels of wealth, and anyone can create one. Though there are many to choose from, there’s one in particular every retiree should know: the asset protection trust.

 

 

What is an asset protection trust?

 

An asset protection trust is an irrevocable trust that offers protection of your assets against creditors. Asset protection trusts also bypass probate, which will save your family time and money. And it could help your heirs save money by reducing their tax liability.

That strong asset protection is an important feature for retirees worried a nursing home stay could deplete their nest egg. Having one in place could, for instance, shield your home from being lost. But there is one important catch. In order to achieve this protection, your assets must have been placed in the trust at least five years prior. And, as you may have guessed from the term “irrevocable”, you can’t revoke the trust once it’s established.

 

 

Should you get an asset protection trust?

 

Because every person’s situation is unique, the best way to determine if an asset protection trust is right for you is to talk with an experienced estate planning or elder care attorney. And remember—because your assets must be in the trust for at least 5 years in order you to enjoy its full protection—it’s best to chat with an attorney sooner rather than later.

At AlerStallings, we know planning for topics like long-term care can be difficult to discuss, and we’re committed to making the conversations as easy as possible; with no jargon, impersonal service, or a bill every time you have a question.  We do everything with heart, including finding the solution that’s truly right for you.  Start the conversation with a free consultation.

- AlerStallings

Moving into a nursing home is stressful enough. But having to worry about losing your home to pay for it? That’s more than anyone should have to bear. Let’s examine the facts and what you can do to avoid this scenario.

 

It is possible for your home to be used for payment for your long-term care. And unfortunately, the rising nursing home costs aren’t making long-term care any easier to afford. In 2024, the annual national median cost for a private room in a nursing home was $127,750, representing a 9% year-over-year increase.

 

Many people simply can’t shoulder that cost. When that happens, government assistance—such as Medicaid—can help cover the bill. In turn, the government will seek to recoup its costs. This is referred to as “right of recovery.”

 

What is “right of recovery”?

 

Right of recovery is a legal principle in which a party (in this case the government), can seek reimbursement for what was paid out on your claim. When or how this happens depends on your marital status.

 

Will my spouse be able to stay in our home if I move into a nursing home?

 

If only one spouse needs long-term care, the other spouse will be able to stay in their home. However, the state will keep a tally of the financial assistance provided toward the long-term care bills and put a lien on your home to recoup what it paid.  Once both spouses pass, the proceeds from the sale of the home will be used to settle the lien.

 

But let’s say you’re in a nursing home and outlive your spouse, who remained at home. In this instance, the state may require you to sell your home to help pay for your long-term care costs. There are a few exceptions, most notably: if you have an adult child who lived in the home with you and acted as your caretaker for two or more years, or if you have a permanently disabled child. Should this be the case, you may be able to transfer ownership of the home to them, but you’ll need to consult with an elder care or estate planning attorney as soon as possible.

 

 What if I don’t have a spouse or dependent also living in the home?

 

If you don’t have a spouse or dependent who also lives in the home, you’ll need to sell it in order to qualify for assistance. In the event you pass away before the home sells, a lien will be placed on the home. Proceeds from the sale will be used to reimburse the state for the cost of your care.

 

Is there any way to ensure I won’t lose my home to long-term care costs?

 

Thankfully, with some advance planning, you may be able to avoid the above scenarios. However, it’s important to note that early action is key because your options will diminish with time. The sooner you start planning, the better. From insurance to legal tools like asset protection trusts, we can help you evaluate your choices.

 

We’ve seen firsthand how heartbreaking long-term care decisions can be and we’re passionate about helping clients like you preserve what’s most important. From adult children learning of a lien on their childhood home after their parents pass, to seniors fighting to keep ownership of their beloved residence, every situation is unique. Yet, many can be avoided with the right strategy. That’s why our team is here to serve you with heart, delivering compassionate service for life.

- AlerStallings

Between cloud storage, online accounts, and smart phones, each of us will leave behind a wealth of data when we pass. Until recently, ensuring our loved ones had access to that data was not so simple. Apple and Google are changing that with new tools: Apple’s Legacy Contact and Google’s Inactive Account Manager. We’ll explain why you should enable these features and how.

 

What is a digital legacy contact?

A digital legacy contact is a trusted person you’ve approved to access your account in the event of death or incapacitation. With much of our lives becoming digitized, there’s a lot of information contained within our accounts that your loved ones may need after you’re gone, such as precious photos or contact information for extended family.

 

What should I consider before setting up a digital legacy contact?

Each tech company’s program is different, so be sure to read the details. You may not be able to customize the information your legacy contact will see, so it’s important to choose someone you trust. Set a reminder to revisit your designation every couple years, in case you need to make updates.

 

Now, let’s look at how the two programs work and how to set them up.

 

 How does Apple’s Legacy Contact work?

When you set up your Legacy Contact, an access key will be generated and sent to the person or people you choose. They don’t have to be an Apple user. When you pass, they’ll be able to request access to your account by providing their access key and a copy of your death certificate to Apple for review. It’s important to note that users won’t have access to your Keychain, which includes your passwords and payment information. More details on the process and what data your legacy contacts will see can be found here.

 

How to Set Up a Legacy Contact in Your Apple Account

 

From an iPhone or iPad

  • Tap the “Settings” icon on your home screen.
  • Next, tap your name (found at the top of the screen).
  • Tap “Password & Security”
  • Tap “Legacy Contact,” then follow the prompts on screen.

 

From a Mac

  • From the Apple menu in the top right of your screen, select “System Settings”.
  • Click your “Apple ID” (at the top of the left column)
  • Click “Password & Security”
  • Scroll to “Legacy Contact” and click “Manage”

 

How does Google’s Inactive Account work?

Google’s Inactive Account has a couple major differences from Apple’s Legacy Contact– namely the ability to customize what data you share and when. With Inactive Account, you provide Google with instructions for contacting your digital legacy contact(s) automatically after it detects your account has been inactive for a certain period of time. You choose the threshold, which can be anywhere from three to 18 months.

 

Once your account has been inactive for that amount of time, Google will send your legacy digital contact(s) a message you write during set up, plus a list of data you’ve chosen to share with them, and a link where it can be downloaded. More details on the process can be found here.

 

How to Set Up Google’s Inactive Account Manager

Go to myaccount.google.com/inactive and follow the prompts on screen. Heads up: Inactive Account Manager is not available for Google Workspace accounts, so if you have one, be sure to login with your personal Gmail account instead.

- AlerStallings

If you’re a veteran, you may want to keep tabs on this. Recently, Ohio Attorney General Dave Yost and the National Association of Attorneys General (NAAG) launched “Serving Those Who Serve”, an initiative to connect soldiers with services to aid their entry into civilian life. Details are still forthcoming, but a main focus is to provide consumer protection for veterans, military spouses, and families through consumer education and enforcement action.

 

“Serving Those Who Serve” is the result of the NAAG’s annual Presidential Summit. Yost, who currently serves as NAAG President, invited representatives from several branches of the military to discuss opportunities for the attorneys general to drive change for the better. Each year, the incumbent NAAG President identifies a cause to champion for the duration of their one-year term.

 

Yost is no stranger to working with other states on these issues. Most notably he participated in a multistate settlement in 2021 that shut down the fraudulent charity Healing Heroes. Hero Giveaways, LLC, the business behind Healing Heroes, solicited donations with the promise that 100% of proceeds would be dedicated to helping wounded warriors. Instead, the money landed in the pockets of professional fundraisers and the organization’s founders. Ohio donors contributed more than $500,000 in response to the deceptive mailers and telephone solicitations.

 

We’re glad to see a focus on these issues and hopeful to see more outcomes that support our veterans and protect them from predatory behavior. All too often, veterans miss out on benefits to which they’re entitled, either because they’re unaware of what’s available, or have been erroneously denied. Our attorneys are passionate about helping you get the assistance you deserve and are experienced in navigating the complicated VA benefits process. If you or a member of your family is a veteran, we can help you explore your eligibility and ensure applications are submitted correctly to avoid any delays or hiccups.

 

Like all developments in veterans’ services, we’ll continue to monitor the progress from “Serving Those who Serve” and share it with you. In the meantime, know that we’re here to serve you with heart and make the system work for you.

- AlerStallings

If you’re starting to feel like you get a disproportionate share of illegal robocalls, you might be right. According to the Federal Trade Commission, Ohio ranks second in the nation for Do Not Call Registry complaints per capita. As scams continue to rise, it’s more important than ever to know how to protect yourself.

 

In 2020, Ohio Attorney General Dave Yost created the state’s Robocall Enforcement Unit, a team of attorneys and investigators dedicated to holding accountable the companies involved in the illegal calls. Most recently, Yost and seven other attorney generals achieved a court judgement that shut down a robocall operation responsible for more than 69 million robocalls to Ohioans alone; nearly half of which were registered to the Do Not Call list.

 

Despite the scope of this win, it’s still only a small dent in a larger problem. Savvy illegal robocall operators continue to find new ways to trick their victims. One such tactic is spoofing. Scammers falsify the information displayed on your caller ID to convince you to pick up the phone. They may disguise their identity by displaying a number with your local area code, or even the number of a legitimate company or government agency.

 

What to Do if You Receive a Robocall?

 

Your best defense is to not answer calls from numbers you don’t recognize. If it seems like the caller might be legitimate but you can’t be sure, check the consumer complaint database to see if the business has previously been reported.

 

If you realize you’ve unwittingly answered a robocall, hang up immediately. Do not answer any questions, not even those that seem innocuous, or only require a yes or no. Be particularly wary of aggressive sales tactics or callers asking you to confirm your social security number, bank information, or passwords. And certainly, don’t follow any prompts, such as those instructing you to “press 1” to be removed from the caller’s list. These can be a mechanism for identifying potential victims.

 

How Should You Report a Robocall?

 

You can report robocalls to Ohio’s Robocall Enforcement Unit through one of the following methods:

 

– Text “ROBO to 888111

– Visit OhioProtects.org

– Or Call 1.800.282.0515

 

You can also report unwanted calls to the FTC. If you did not lose any money as a result of the scam call, you can report it via DoNotCall.gov; but if it caused a financial loss, use the form found at ReportFraud.ftc.gov.

 

What Else Can You Do?

 

Be sure to add all your phone numbers to the National Do Not Call Registry. You can register or verify an existing registration at DoNotCall.gov. PCMag also offers some tips on how to block unwanted calls on your cell phone, plus a round-up of resources provided by cellular carriers and a list of reputable call screening apps to consider.

 

While robocalls remain a burgeoning problem, Ohio’s Robocall Enforcement Unit continues to go after bad actors at every level––from the carriers who facilitate the behavior to the individuals who make the calls. Their multipronged approach provides hope that some relief is possible. In the meantime, hang in there, and most importantly, hang up.

 

- AlerStallings

When it comes to evaluating a long-term care facility, certainly you want to find a place where you and your loved one feel comfortable with the environment and the care provided. While you can’t underestimate your gut feeling on a decision of this magnitude, sometimes it helps to have a set of questions that guide the discussion and help you feel confident that you’re making the right choice. Here are the top five we recommend: 

 

 

1.) What is the staffing ratio and your rate of turnover?

 

You’ll want to know there are enough staff on hand—specifically nursing staff like licensed practical nurses (LVNs and LPNs) and certified nursing assistants (CNAs)—to provide quality care.

As of this writing, Medicare.gov indicates that the national average for total number of nurse staff hours per nursing home resident per day is 3 hours and 46 minutes. You can use their search tool to see how nursing homes near you stack up. For some nursing homes, staff turnover rates are also displayed; however, if it’s not available, don’t be afraid to ask the nursing home directly. 

  

 

2.) Do you put a plan of care in writing for each resident?

 

This is a good opportunity to discuss: 

 

– Whether the facility can meet your loved one’s needs (be specific!) 

– If the facility offers progressive levels of care (such as ventilators or specialized Alzheimer’s and dementia care) 

– How often the plan of care is updated  

– What services are included, and which will incur an extra fee 

 

It’s important to have confidence that you or your loved one will receive the standard of care you expect within your budget and that changing needs will be addressed in a timely fashion. Having the plan in writing ensures that everyone on the care team is on the same page and expectations are documented.   

 

 

3.) Is there a licensed physician on staff? Can residents see their own physician if they want to? 

 

In the event of an acute medical problem, you’ll want to know who will respond (and how quickly). Find out if there is a physician on staff and how often they are on the premises. If your loved one would be required to see this physician, find out if you could meet them in advance to assess their bedside manner. If you’d prefer to use your own physician, confirm with both the nursing home and your doctor how rounding would work. 

 

 

4.) How do you ensure the emotional well-being of your residents? 

 

Sure, you’re evaluating the nursing home’s ability to physically care for your loved one, but it’s also important to consider how they’ll care for their mental health. Some things you may want to consider include: 

 

– The policy for visitors, such as hours and restrictions 

– The types of activities offered and their frequency 

– Whether religious services are available 

– Access to outdoor areas like patios and gardens 

– How often cultural events are offered 

– The quality of the dining program, including menus that feature diverse cuisines 

 

Simply put, consider what makes your loved one smile and make sure they’ll still have access to the things that give them joy. 

 

 

5.) How are your employees selected and vetted? 

 

With cases of elder abuse on the rise, you can never be too careful in evaluating the people and facilities who will be entrusted with the care of your loved one. Unquestionably, all employees should have their backgrounds checked and their qualifications verified by the facility as a condition of hire. Staff members should be clearly identified with name tags or security badges at all times. 

 

When you visit a facility, interact with staff at all levels, not just the marketing director who leads the tour. Get an impression of how they respond to patients and trust your instincts. If you notice an unpleasant smell in the facility, a lack of cleanliness, lax security measures, or employees that seem disengaged from the residents, those are important warning signs you shouldn’t ignore. 

 

Choosing a nursing home can be stressful, but knowledge is one of the most important ways to make the process easier. Don’t hesitate to take these questions with you when you visit a facility, so you can truly be in the moment and focused on your loved one. And above all else, know that though you may be concerned about whether you’ll make the right choice, the simple fact that you’re doing this important research means you’re already on the path. 

- AlerStallings

Nobody likes to discuss the worst-case scenario; and thankfully, in many cases “the worst” doesn’t happen all that often. However, there is one worst-case scenario that affects the majority of people over the age of 65; and yet despite the prevalence, it’s not discussed openly. We’re talking about long-term care.

 

The U.S. Department of Health & Human Service’s Administration for Community Living found today’s 65-year-old has a nearly 70% chance of needing long-term care. Many retirees aren’t financially prepared for the cost, which at the time of this writing averages nearly $8,000 per month for a private room in a nursing home. That’s well over $90,000 per year. Considering 20% of today’s 65-year-olds will need long-term care for more than 5 years, it’s easy to see why the cost can quickly devastate your financial finances.

 

Given the risks, why don’t we talk about this more? Simply put, no one likes to talk about getting old. And many financial advisors aren’t equipped for these difficult conversations or are not well-versed in the options that exist to help you mitigate the risk. Worse, it’s a common misconception that Medicare will pay for your long-term care needs. Medicare will only pay for a short stay in a skilled nursing facility under very specific circumstances.

 

So, What Are the Options

 

Private pay is one option, though many people don’t have the assets necessary for this to be a viable option. You could sell the family home, or draw down your accounts, but that would leave a surviving spouse or other family members without a place to live, or the financial resources for their own care.

 

Another option is long-term care insurance, but the premiums can be prohibitively expensive. The most affordable rates are offered when you’re younger, precisely when long-term care isn’t on your radar.

 

Finally, military veterans may have access to care through their VA benefits. This can be a valuable feature. But, what if you’re not a veteran? Are there any other options?

 

Meet the Asset Protection Trust

 

One of the best solutions is a legal tool called an asset protection trust. When an asset protection trust is set up for your benefit, your assets become owned by the trust, thus shielding your savings and any property contained within the trust from creditors.

 

In layman’s terms, that means an asset protection trust could protect you against losing everything to the nursing home. It may also help you qualify for Medicaid, which pays a considerable portion of the nation’s nursing home bills.

 

What’s the catch? You can’t just move your money into a trust once you need care. Nor can you gift your money to family and friends in hopes of reducing your assets enough to meet eligibility requirements. Medicaid has a 5-year lookback period, meaning your money will need to have been held in the trust for more than 5 years. That’s why the time to plan is now.

 

At the Heart of the Solution

 

At AlerStallings, we’ve helped many families navigate the process of protecting against long-term care costs. We know the conversations aren’t easy, but we hope to change that. Through our partnership with retirement planning firm Golden Reserve, we’re making it as painless as possible for Ohioans to shield themselves against the risk. We’re proud to have helped many families explore their individual options and hope to do the same for you. Should a trust be your best course of action, you can rest easy knowing it will be set up with efficiency and accuracy, by a team that truly takes the process to heart.

- AlerStallings

Even when you feel confident in the staff and capabilities of the nursing home you chose, it’s hard not to worry about the well-being of your loved one when you’re not there. That’s why it’s important for everyone with a family member in long-term care to know about a new law that took effect on March 23 of this year. It’s called Esther’s Law, and it permits nursing home residents and their representatives to authorize and install electronic monitoring devices in their rooms to keep an eye on their care.  

 

The law is named for Esther Piskor, who was tragically abused and neglected by nursing home staff in the final few years of her life. Her son, Steve, visited her often, yet staff never mentioned anything out of the ordinary about Esther’s care. He caught the abuse after placing a hidden camera in Esther’s room. Following Esther’s passing, he worked with lawmakers to create and pass the bill in his mother’s honor and empower other families to take similar measures to protect their loved ones. 

 

Because electronic monitoring impacts other parties—including nursing home staff and fellow residents, particularly those in a shared room—the decision to monitor has some caveats, which the law addresses. For example, the roommate of a resident who wishes to install electronic monitoring must consent to the monitoring before it can be installed. If a roommate cannot consent for themselves, consent may come from their representative. Roommates (or their representatives) also have the right to request conditions to protect their privacy. Those conditions must be honored, and the roommate can revoke their consent at any time. If a roommate does not want the electronic monitoring installed, the nursing home must move the resident requesting electronic monitoring to another room with the resident’s consent.  

 

As far as the facility is concerned, Esther’s Law allows for notification to be posted outside the resident’s room to inform those who enter that electronic monitoring is being conducted. A resident who uses electronic monitoring may not be retaliated against, nor may their decision be used against them in admissions or discharge. Further, facilities are prohibited from destroying, obstructing, or tampering with the monitoring system or its recordings.  

 

For many families, this law represents an opportunity to gain insight into the treatment of their loved ones and peace of mind. After working with Ohio families for years on nursing home protection and elder care, it’s a subject that’s close to our heart.  

 

If you’d like more information on Esther’s Law, contact the Ohio Department of Aging’s Long-Term Care Ombudsman Program at 1-800-282-1206 or OhioOmbudsman@age.ohio.gov. 

 

- AlerStallings

Recently a client asked us: 

 

“If my house is in a trust and I sell it to buy a new one, does the five-year clock restart?” 

 

That is an excellent question, and one that some of you may be wondering as well. So, we thought we’d share the answer here.  

 

First, for those who aren’t familiar with the “five-year clock” mentioned above, it’s a reference to the five-year lookback period for Medicaid eligibility. In order to stay under the asset limit to qualify for Medicaid, some people may try to gift or transfer their assets to others. Such financial activity in the five years prior to the application date could disqualify an applicant. That’s why when we talk about putting assets in an irrevocable trust—particularly an asset protection trust—we encourage clients to do so at least five years prior to when they could need long-term care.  

 

Now, back to the question. The client wants to know if they’ll have to wait another five years for the new house to be protected by the trust. The short answer is no. Here are the details. 

 

Let’s start with the business of selling the home in trust. For the sake of this question, let’s assume the house is sold for a profit, or at least breaks even. The trustee would see to it that the money from the sale is deposited into a bank account owned by the trust. That account would then be used to purchase the new property for the beneficiary. This would not cause the lookback period to reset. 

 

That’s the answer in a nutshell. Since your circumstances may vary, it’s always wise to consult with an estate planning attorney to ensure the transactions would not put your assets in jeopardy. Here at AlerStallings, we know questions like these come up often, and it’s important to have a trusted resource who can provide timely, accessible guidance. For this reason, our attorneys offer lifetime support for the plans we create and no-fee phone calls, so life’s most important questions never go unanswered. 

 

Got a question we can help with? Here’s how to get in touch.